V.

Defining and Illustrating the Issues With the Lack of Enforcement of Title IX by Maria
Manolias
Another issue that comes with campus rape culture is that of the use of Title IX. Title IX
is a law that bans sex discrimination in education, and is used in rape to, obligate schools to
take action on sexual assault (Goldberg 14). However, this is a definition that is seldom
followed by schools. Because colleges rarely follow the guidelines that Title IX requires, the
victims lack the support they need, which creates a hostile and unfair learning environment for
the victims. Thus, colleges need to work harder to support victims of rape and create a fair
learning environment.
One powerful example of the lack of enforcement of Title IX is that of Annie Clark and
Andrea Pinos journey to file a Title IX complaint against the University of North Carolina at
Chapel Hill in the documentary, The Hunting Ground. Clark wanted to file this complaint after
she was raped during her freshman year by a close friend. Upon reporting the assault to her
school, she was asked, if you look back. . . is there anything that you would have done
differently in that situation? (Dick). This was a direct violation of Clarks rights as a student
because she wasnt being supported by her school, so she decided she would take action with
Pino, who was also raped at UNC, in order to obtain justice for themselves and the other girls
who were raped on campus (Dick). Though Clark and Pino were able to gain a victory for their
cause, the girls had to take direct action against the college in order to obtain the justice they
desired. According to Title IX, it should be the colleges job to take action, yet they instead
forced their students to reach out for something they should have been guaranteed. This was
obviously an uncomfortable experience for the girls, with many citing the fact that the school

only cared about [the rapist] and his needs, rather than the rights of the victims (Dick). Due to
this belief, colleges rarely punish the rapists, and when they do, they consist of lackluster
punishments: small fines, suspensions, volunteer service, and rarely any expulsions. This means
that for many victims, their rapist is allowed to continue living on campus. Therefore, their
college experience is completely unfair compared to the rapist, which directly goes against Title
IX. Because colleges dont want the stigma of a so-called rape campus against them due to the
negative image it would bring to the school, they refuse to support the victims, which leads to a
complete disregard for the victims cause.
Additionally, Title IX was applicable in a situation that occurred at Brigham Young
University, in which a woman named Madi Barney was raped on her campus. Like Clark, Barney
also reported her case to the college, hoping to be pointed to the sources she needed. Instead, she
received a letter from the school, which told her that she had, engaged in behavior that violates
the BYU Honor Code, and therefore would not be supported by the school (Wang). This meant
that her rapist would be allowed to continue attending BYU, despite the evidence against him
and the danger it would cause to Barney. Barney was punished for allegedly participating in
premarital intercourse, meaning that she was diminished in the colleges eyes and tossed aside.
Again, this is a direct violation of Title IX because it denies Barney the chance at an equal, fearfree education. In fact, this inequality can lead to even worse results, as Barney states that female
students at BYU have been kicked out of school for circumstances of their rapes and sexual
assaults (Wang). Because of this, BYU has created a place for rapists to thrive and victims to be
overlooked. Citing the fact that the university only prosecutes the victim based on prior
violations of the honor code, BYU officials stated that they would never jeopardize a victims

place at the campus. However, the college continues to prosecute the victims, rather than the
rapists.
Finally, the case of Emma Sulkowicz shows how quick a college is to avoid Title IX.
Sulkowicz was raped during her sophomore year at Columbia University and she, along with two
other girls who were raped by the same student, reported their rape to the campus. However, she
was met with highly personal questions, such as, how it was physically possible for anal rape to
happen, among other personal things, like what she was wearing (Dockterman). This then led to
the ultimate dismissal of the girlss cases, despite the plethora of evidence that would vindicate
the rapist. Due to this, Sulkowicz decided that she would carry around a mattress for the entirety
of her senior year as means to protest the fact that her rapist was allowed to stay at the school.
The school did not take action in the matter, leading to Sulkowicz carrying her mattress across
the stage at her graduation. Whether Sulkowiczs account of alleged rape is true or not, the
school violated Title IX, which is what sparked her to to carry the mattress. Had they followed
the provisions of Title IX and had they given more support to Sulkowicz and the other victims,
the case would have ended much more successfully. However, they continued to let her rapist
thrive on the campus, ultimately violating Title IX and her rights as a college student. Therefore,
Sulkowicz and the other victims were forced to take action because of this violation.
Because colleges rarely follow Title IX, victims are forced to take action themselves,
which often puts them into uncomfortable situations. If the colleges were more successful in
following Title IX, the victims would gain more protection, therefore eliminating some of the
rape cases that occur on college campuses.